Re:Supreme Court expands meaning of 'seizure' under 4th Amen...
by nybble41 on Saturday March 27, 2021 @09:10PM
(#26607167)
That just means the court itself issued a warrant by granting permission to perform the search, whether they called it that or not. However, that warrant doesn't meet the constitutional requirements—it lacks probable cause supported by oath or affirmation, and doesn't define the specific places to be searched or items to be seized—which means the court itself violated the Constitution in issuing it.
[ Parent
| on HN ]
Re:Supreme Court expands meaning of 'seizure' under 4th Amen...
by DubiousPusher on Sunday March 28, 2021 @01:27AM
(#26608212)
Uh yeah, I agree that Terry is a bad decision. That's pretty much how I started this thread. I think it's pretty semantical though to debate whether the court made a bad decision because they were defining a warrantless search or because they were defining warranted searches that don't meet the requirements set by the constitution.